“….all
men are created equal…. endowed by their Creator with certain unalienable
rights, that among these are life, liberty and the pursuit of happiness….
To secure these rights, governments are instituted among men, deriving
their just powers from the consent of the governed.” -Declaration
of Independence

“Where-ever
law ends, tyranny begins…” -John Locke

For
the first time in my life, I hear perfectly rational people, those who
tend not to speak in emotional terms, tell me that they fear for the future
of our country. Similarly, I hear these same people say they are terrified
about being forced to be vaccinated with the swine flu vaccine. While
I share these sentiments, it is my nature to dig around until I can find
out the reason why so many of us feel like this today.

For
those who do not know who he is, Emord is a prominent Washington attorney,
a specialist in constitutional and administrative law, who has won an
astounding number of cases against the Food and Drug Administration (FDA).
He is a noted First Amendment expert whose passion for the writings and
principles of true liberty is profound. If you are of like mind, I urge
you to visit his website.
It is chock full of information you will like.

Emord
is a familiar name to those of us in the Health Freedom Movement who believe
vitamins and other dietary supplements should not only be readily available,
but should also include on their labels and promotional material detailed
information about why they are good for us. It may surprise you, but it
is legal for a manufacturer to include truthful information, backed by
science, on the label or in the labeling or advertising for a product.
The FDA has systematically refused to allow this information to be available
to the public. The penalty for providing the information includes removal
of the product from the market, prosecution and possible jail time.

Every
American should be alarmed at this FDA censorship. This same ban on useful
information includes a ban on information about all kinds of dietary supplement
products that have scientific as well as longstanding clinical and published
public record evidence to back up the fact that they can prevent us from
succumbing to swine flu. Or, at the very least, these products could make
our bout with the infection a mild one. In light of the major risks of
vaccines, especially the largely untested swine flu vaccine we are now
facing, the fact that these other dietary supplement choices are basically
free of any side effects, makes this banning of information even more
outrageous.

Since
dietary supplements are regulated as foods, because that’s what
they are, the prospect of seeing a product as harmless as prunes removed
from the market over a labeling dispute is an example of how ridiculous
this problem is. If some company that sells prunes puts a label claim
on the package that says eating them will cure constipation, that would
be classified as a claim for an unapproved drug by FDA standards. A substance
is defined as a drug based on its intended use, not its physiological
effect on the body. Consequently, any substance that it is intended to
be used to “diagnose, cure, mitigate, treat, or prevent disease
in man or other animals” is a drug.

Not
being allowed to tell the public what dietary supplements can do to actually
cure or prevent disease, is, in Emord’s legal arguments, unconstitutional
and in conflict with the principle of free speech, which is protected
under the First Amendment. That the FDA has actually argued in Federal
Court that the First Amendment doesn’t apply to it, should be warning
enough to show that the FDA is out of control. The agency also has a habit
of ignoring Federal Court rulings against it regarding the issue of free
speech, something Emord describes in detail in his book. While my main
focus is on how the FDA has run afoul of the framers’ intent, be
aware other agencies such as the Center for Medicare and Medicaid Services
(CMS) and the Drug Enforcement Administration are also discussed.

What
makes Rise
of Tyranny such an important book is that it explains, blow by
blow, how an array of 184 federal agencies were unconstitutionally created
and how their creation shoved aside the constitutionally- defined principle
of “balance of power” which was the genius of how our government
originally worked.

Long
forgotten by many people in government and on main street is why the Constitution
was crafted to create three separate and limited sources of power to rule
in the first place. The idea was to weaken the authority of government
so that there would be no all-powerful government yoke upon the free and
independent citizens of this once free country. By dividing the power
this would ensure that government power did not fall into the hands of
one person or one group of people against the best interests of the citizens
at large.

Emord
reminds us that during the Great Depression, under the leadership of President
Franklin Delano Roosevelt, a law was passed called the National Industrial
Recovery Act of 1933. The purpose of this law was to create federal agencies
that would have the power to make laws, execute laws, and to judge law
violations. This was unconstitutional at its core because it was designed
to transfer the power of Congress and the courts to these agencies.

After
the Supreme Court ruled that this new law was unconstitutional, FDR was
so committed to getting his way, he sent Congress another bill called
the Judiciary Reorganization Bill of 1937 which was to add one justice
to the Supreme Court for each of seven members who then were older than
age 70 and six months. This bill was aimed at intimidating the six judges
who ruled against his New Deal programs. It never passed but did its job
well. Several of the justices changed their opinion.

This
strategy, called “court packing”, preceded a switch in constitutional
doctrine that gave a green light to broad delegations of governing power
to the administrative agencies. There has not be a single Supreme Court
ruling since then holding a delegation of governing power from Congress
to an administrative agency unconstitutional.. Also, since 1938, regulatory
agencies have routinely run roughshod over the rights and property of
American citizens.

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Another
revelation in Rise
of Tyranny is the concept of “rent seeking”. Rent
seeking is an economic term to describe when an individual, corporation
or other entity seeks to gain income, not from honest competition, but
from orchestrating burdensome regulations or other government decisions
to restrain competition. In other words, industries “capture”
the very agencies set up to regulate them. When the relationship is fully
operational, the industry itself provides the regulatory language for
rulemaking designed to suppress if not totally destroy unwanted competition.
The carrot offered the bureaucrat is a lucrative job in the industry after
the bureaucrat leaves the agency or other benefits. Protecting and serving
the public is not part of the equation.

The
nonsensical excuses the FDA, in particular, uses to justify convoluted
logic regarding its various rulings, is a demonstration of just how far
that agency will go to help its “client.” Yes, FDA officials
refer to the pharmaceutical industry as FDA’s “client”.
Emord provides extensive details on how the pharmaceutical industry has
gained control of not just the FDA but also medical schools, medical research,
prescription decisions by doctors, as well as actions by members of Congress
and even the President.

As the
FDA and other agencies protect the financial interests of the pharmaceutical
industry, what we have seen for decades are gunpoint raids in doctors’
offices for nothing more than disputes over use of vitamins in patient
care, banning and burning of books and scientific material discussing
how to treat scary diseases such as cancer, and jailing people with ideas
that challenge the status quo of the current government-endorsed medical
system.

An astonishing
description of the problem provided in the book pretty well covers the
situation:

The
Commissioner of FDA can promulgate any rule, can overrule any judgment
of agency medical reviewers, can order the prosecution of any regulatee,
and can approve for marketing any drug, regardless of the scientific
evidence that may exist against the drug’s safety or efficacy.

The
Congress of the United States has vested in one person the enormous
power to regulate everything we consume and use for our sustenance and
health—all food, drugs, cosmetics, biologics, medical devices,
and dietary supplements. There is little real check on the exercise
of the FDA Commissioner’s discretion, not from the Courts, not
from the Congress, and not from the President. The union of legislative
and executive powers within FDA has yielded corruption, as the founders
predicted, in the form of industry favoritism.

One
first class example of this wielding of arbitrary power happened this
past July regarding the final ruling on the safety of dental mercury fillings.
For people who suffer an array of illness from mercury poisoning from
these fillings, it has been a long, uphill battle (Federal lawsuits, two
FDA hearings and several Congressional hearings) in an attempt to force
the FDA to either ban these dangerous fillings outright or post strong
warnings for their limited use. For several years, the FDA’s website
had posted a message regarding the possible risks to children and unborn
children of pregnant women for neurological damage so the final, court-ordered
ruling was expected to clarify and amplify what the agency had already
posted.

Much
to the horror of dental mercury poisoning victims, when forced by the
Federal Court to publish a final ruling, the FDA removed the cautionary
information from its website and posted its final ruling that basically
blessed mercury fillings as safe and that only those who have an “allergy”
to mercury need worry. “Allergy” isn’t the word I would
use unless it means getting ghastly and chronically ill from a highly-toxic
substance that, by law, is taken to special toxic dumpsites when it is
removed from people’s teeth. For a complete rundown of what dental
mercury poisoning victims suffer, check out the article Carolyn Dean,
MD ND, and I wrote about called Lies Your Dentist is Forced to Tell You
available
here:

While
a crushing blow to the anti-amalgam movement, the implications of this
outrageous ruling are way more far reaching than just to victims of the
dental industry. The FDA is also stonewalling the dangers of mercury contained
in vaccinations. The Autism catastrophe is yet another cesspool of deceit
committed by several government agencies. For more information on this
issue, read
Carolyn’s and my article called Autism Can Be Treated.

With
a million and a half kids suffering from Autism, not to mention an array
of other neurological disorders in epidemic proportions, the potential
to deliver even more misery with the swine flu shot is enormous. The removal
of mercury from compulsory childhood vaccines was a result of public pressure
based on concerns over vaccine safety. Now these same parents with fragile
children are facing yet another government edict forcing an even greater
risk of damage if the swine flu vaccine should become mandatory. Flu shots
are still loaded with mercury. Any rational person concerned with public
health would be asking the question, “How many new cases of Autism
and other neurological damage are there going to be, if children and people
of all ages are mandated to take it?”

Jonathan
Emord’s explanation that the Commissioner of the FDA rules the agency
as a tyrant and without regard to its own scientists’ input rings
true here. At the last FDA hearing on the safety of mercury fillings,
even the FDA-paid scientific advisory panel could not vote to support
mercury filling safety. So, in the grand tradition of protecting the drug
industry, to get around this unfortunate roadblock, a new FDA commissioner
was appointed who had served for many years as a $250,000-a-year board
member of a large amalgam manufacturing company. As this predictable drama
played out, the new Commissioner waited until the last minute to pretend
to recuse herself just before the final ruling was issued, so the final
ruling could be announced by her underling who is now taking the heat
from thousands of outraged mercury filling victims.

Fortunately,
the final chapter of Emord’s book is titled, The Way Back to
Liberty. In it, he proposes eight remedies to restore the Constitution
to its rightful place in defense of the rule of law our Founding Fathers
created. The question is do we have the courage to stand up to perhaps
the mightiest industry on earth, the pharmaceutical industry, as our Founding
Fathers stood up to the power of government-protected monopolies like
the tea-trading East India Company? Or, are we content to be turned back
into subjects of a global empire ruling us from afar?

If you
can muster your desire for freedom, there are three bills already introduced
in Congress you can read and ask your Congressman to co-sponsor right
now, that Jonathan Emord crafted to help restore our country to its founding
roots.

Elissa
Meininger became a noted health policy historian as well as a political
activist after almost dying from years of mercury poisoning caused by
mercury leaching from the "silver" dental amalgam fillings in her teeth.
Bedridden and unable to carry on a coherent conversation, (and unable
to obtain a diagnosis from any of the MDs she had consulted), she turned
to a traditional naturopath who had no difficulty recognizing and explaining
the source of the large array of chronic problems from which she had suffered
most of her life. This
diagnosis saved her life, but even today, such consultation remains illegal
in many states.

Committed
to reforming the medical system, Elissa embarked over 20 years ago on
an array of projects geared to bringing enlightened medical treatment
to the American people, including providing prepared statements for various
U.S. Congressional and White House Commission hearings on health freedom
legislation and policy, and testifying numerous times before the Oklahoma
state legislature.

She
is the former Vice President of Friends of Freedom International and co-columnist,
with Carolyn
Dean, MD/ND, of many articles posted on the NewsWithViews.com.

Currently,
Elissa's health freedom political commentary can be heard on the natural
health radio show SuperHealth, broadcast twice weekly on FoxSportsRadio
1340 AM in Oklahoma City and on the internet.

Since
dietary supplements are regulated as foods, because that’s what
they are, the prospect of seeing a product as harmless as prunes removed
from the market over a labeling dispute is an example of how ridiculous
this problem is.